Birth Injury Lawyers
Atlanta Birth Injury Lawyers can help parents obtain resources for their child’s long-term care. He or she can also negotiate with insurers to avoid low-ball settlement offers.
These injuries can cause medical bills, hospitalizations, therapy, medication, specialized equipment, and even in-home nursing care. A birth injury lawyer can help parents recover compensation for their losses.
Birth injuries often have a lifelong impact on children. Injuries like cerebral palsy, paralysis due to nerve damage and traumatic brain injury can require extensive treatment and medical equipment throughout a child’s life. In addition, they can impose expensive caretaking costs on families. Compensation from a successful legal claim can help families meet these financial obligations.
The first step in a successful claim is identifying the cause of your child’s injuries. A birth injury lawyer can work with you and your doctors to do this. They will also gather and analyze medical records and other documents. They will also consult with experts and obtain their formal opinions. Once this process is complete they can identify any instances of medical negligence that occurred during your baby’s delivery.
Once your attorney has identified malpractice they will file a legal complaint. This will likely be against the doctor and hospital involved in your child’s birth. The legal process varies from state to state. The best lawyers will have experience in handling medical malpractice cases and be familiar with the laws of your state. They should also be licensed to practice law in your state.
When you have a successful birth injury case, a settlement will likely cover current and future expenses related to your child’s condition. This may include medical bills, loss of income, home modifications and ongoing therapy.
Insurers are well aware that you need money for your family’s future needs. This desperation can cause them to attempt to shift blame or minimize your settlement offer. A birth injury lawyer can help you avoid lowball settlement offers and negotiate a settlement that fully accounts for your losses and future needs. They will work with medical and economic experts to calculate the full value of your claim. Then they will negotiate with the insurance company to secure a fair offer. They will be your advocate, keeping the insurers on their toes and ensuring that any settlement you accept accurately reflects your true damages. If necessary, they can also file a lawsuit to put pressure on the insurers and ensure that your case gets the attention it deserves.
Gathering Evidence
During the litigation process, your lawyer will gather evidence to support your claim. This includes medical records, expert witness testimonies, hospital policies, and other documents. The evidence collected needs to establish a link between the treatment provided and your child’s injuries. It must also prove that the breach of your medical provider’s standard of care resulted in damages to your child and mother.
The first step in collecting evidence is obtaining your medical records from the hospital or doctors involved. This should be done as soon as possible to reduce the risk of loss or destruction. Your attorney will know the best way to request these records, and he or she may have access to resources that can help speed up the process.
After a thorough review of your case and the available evidence, your birth injury lawyer will present your claims to the defendants. The defendants will then be given a chance to respond. If they do not respond or their response is unfavorable, the case will likely go to trial.
A trial can be a long and complicated process, but your attorney will make sure that all the legal requirements are met before it begins. This can include proving a provider-patient relationship, adherence to the medical standard of care, breach of the standard of care, and causation. Moreover, your attorney will also need to prove the damage and losses resulting from these injuries.
Your lawyer will be able to anticipate the healthcare providers’ defenses and rebut them before they are presented in court. This can prevent them from using minor details to shift blame or minimize their responsibility for the harm caused by their negligence. Furthermore, your attorney will be able to build a strong case that ensures you get the financial compensation you need to cover your child’s extensive medical expenses and future care costs. In addition, you can recover non-economic damages for your child’s pain and suffering. Lastly, punitive damages can be awarded in cases of extreme negligence or recklessness. These are intended to punish the defendants and deter similar behavior.
Negotiating a Settlement
While a settlement can never undo the harm done, it can help you pay for your child’s medical bills and other expenses, therapies, equipment, home accommodations, and other costs. A qualified New York birth injury lawyer can help you build a claim that includes damages for your child’s future needs.
Once your attorney has a good idea of what caused the injury, they can ask the doctor’s malpractice insurer to compensate you and your family for the injuries. They will send a letter called a demand letter, which outlines why you believe the doctor committed a breach of the standard of care and how much your child’s injuries are expected to cost in the future.
The next step involves gathering more evidence and constructing legal arguments in support of each element of your case. This can involve reviewing medical records, securing additional expert opinions, and identifying policies or procedures that were violated. It can also involve deposing doctors and other medical staff, who will provide sworn statements under oath.
In some cases, your lawyer may attempt to reach a settlement without filing a lawsuit. This can be especially true for medical malpractice claims, since they tend to generate a lot of sympathy from juries and are often settled before a trial ever takes place.
If a settlement is not reached, your attorney will file a lawsuit in the appropriate court in the county where the malpractice took place. The lawsuit names the plaintiffs as the victims and the doctors and hospitals involved in your case as the defendants. Once the lawsuit is filed, it enters a phase known as discovery. During this time, attorneys will exchange information, take depositions, and gather more evidence to support their claims.
Most birth injury cases are settled out of court, as many doctors and hospitals do not want to face a negative jury verdict. In addition, trials can be risky and stressful, as well as costly. However, if your case is strong enough, it can be worth taking to trial. A judge or jury will decide the types and amounts of damages awarded.
Filing a Lawsuit
While no amount of money can make up for a child’s injuries, financial compensation can help ease the burden placed on parents. Birth injury lawyers work to help these families gain access to funds that can help pay for medical bills, rehabilitative care, and other expenses that may arise as a result of the child’s disability.
A lawyer will review the facts of your case and determine whether you have a good claim for damages. If you do, your attorney will work with medical and financial experts to build a case that demonstrates the four elements of a successful personal injury claim. These elements include duty, breach, causation, and damages.
To prove duty, your attorney will have to establish that a doctor-patient relationship existed and that the defendant owed you a duty to act with the same skill and care that is used by other doctors in similar circumstances. This will generally require a medical expert to testify about the standard of care in your case.
Next, your attorney will have to demonstrate that the defendant breached their duty by failing to meet this standard. In this case, it means the doctor or hospital failed to deliver your child safely. Your lawyer will gather and review medical records, as well as any other documentation that supports your claim.
Your attorney will then prepare a demand package and send it to the doctor or hospital’s malpractice carrier. This is an official document that details the events leading to your child’s injury and how it has impacted you. The package will include a dollar amount that you believe is fair compensation for your losses. The malpractice carrier may accept this offer or make a counteroffer.
If the parties are unable to reach a settlement, your case will proceed to trial. A judge or jury will decide whether you sufficiently proved each element of your claim. If the court rules in your favor, you will receive a monetary award to compensate you for your damages. The amount will depend on the extent of your injuries, as well as any economic and non-economic damages you have incurred.